PROPERTY OF A MISSING PERSON
Guest
(Querist) 21 May 2008
This query is : Resolved
CASE FACTS :- (1) A person is missing for more than 10 years; (2) Before he went missing, he has written a will and apportioned his property to his sons and daughters; (3) The 'Patta' and 'Tax receipts' are in his name; (4) Now, the family members who are entitled to the property wants to sell the property;
MY ADVICE :- (1) To obtain the 'Police report' that the 'missing person' is 'not found despite reasonable search and efforts'; (2) On the basis of police report, to apply for change of patta in the name of family members;
Any other suggestions, please ?
Rajesh Kumar
(Expert) 21 May 2008
Get a declaration from a civil court that the person is missing for more than 7 years, he can be declared dead.
Guest
(Querist) 21 May 2008
Since it would be time-consuming, alternatively, I suggested to them to get 'legal heirship certificate' taking into consideration that the person is 'presumed dead'through Tashil authorities. [May be a bit difficult :) ]
J K Agrawal
(Expert) 24 May 2008
Sir
Shortcuts are good for short time and if really time is short it can be adopted. however neither FIR nor Certificate of successors issued by Tehsildar dealares a missing person dead nor these creats any right title or interest of family members in the property of missing person. A long but lifelong way is to file a declaration suit only.
SANJAY DIXIT
(Expert) 19 June 2008
The 'will' of a missing person can be executed only after his declared death.
so, it will be better that you approach to the comp. court of law for the declaration as already suggested by Mr Rajesh & Mr Agrawal.
